Western District of Texas

There are various constructs which serve to limit access to juries for discrimination victims. One of those constructs is the so-called “same actor inference.” The same actor inference provides that if the same manager who hired an employee later fires that same employee, then it is unlikely that that manager was motived by discriminatory animus.

Monica Hague filed suit against the University of Texas Health Science Center at San Antonio in 2011. Judge Garcia of the Western District granted summary judgment against her in 2013. The Plaintiff appealed to the Fifth Circuit. The higher court reversed summary judgment regarding Ms. Hague’s retaliation claim and affirmed summary judgment regarding her sexual